Which of the following has the original, exclusive and final authority to decide the disputes regarding the election of President and Vice-President?

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  1. Attorney General of India
  2. The Supreme Court of India
  3. The Parliament of India
  4. The Election Commission of India

Answer (Detailed Solution Below)

Option 2 : The Supreme Court of India
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Detailed Solution

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The correct answer is The Supreme Court of India.

Key Points

  • The Supreme Court of India has the original, exclusive, and final authority to adjudicate disputes regarding the election of the President and Vice-President of India.
  • The relevant legal provision is outlined under Article 71 of the Constitution of India.
  • Disputes regarding elections to these offices are referred directly to the Supreme Court, bypassing other judicial or administrative bodies.
  • The Supreme Court’s decision in such cases is considered final and binding.
  • This provision ensures the impartiality and integrity of the process concerning the highest constitutional offices in India.

Additional Information

  • Article 71 of the Indian Constitution:
    • It states that disputes related to the election of the President or Vice-President shall be decided exclusively by the Supreme Court of India.
    • The provision ensures that the election process remains free from political or administrative interference.
  • Election Process for President and Vice-President:
    • President: Elected by an electoral college comprising elected members of Parliament and Legislative Assemblies of States and Union territories.
    • Vice-President: Elected by an electoral college comprising members of both Houses of Parliament.
  • Election Commission of India:
    • The Election Commission is responsible for conducting and supervising elections for the President and Vice-President.
    • However, disputes arising from these elections are adjudicated by the Supreme Court.
  • Role of Judiciary in Constitutional Elections:
    • The judiciary ensures that elections to constitutional offices are conducted fairly and disputes are resolved impartially.
    • The Supreme Court’s intervention upholds the sanctity and impartiality of the democratic process.
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